[Daf Hashavuah Weeky Email] Pesachim 4
04/25/2014 08:08:03 AM
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Pesachim 4a
הילכך היא צורבא מרבנן לא לפתח בעידניה – Abbei says that because as a result of the mitzvah to search one’s home for chametz early in the night, one should not begin study of Torah at that time.
While this halacha applies to everyone (as expressed in the Shulchan Aruch), the exact words of Abbei refer to a צורבא מרבנן, a student of the sages. Some note this, as they allow one to attend a class or Torah lecture outside of one's home before the bedika.
Rabbi Eliezer Meir Horowitz (in his glosses found the in back of the gemora) writes that we do not find a prohibition to learn before the fulfillment of a mitzvah that can be done afterwards. Here however the sages established the ideal time for searching for chametz at the time that people are at their homes in order that we don’t miss the best time for searching. They therefore made such a decree.
המשכיר בית לחבירו על מי לבדוק – If one rents a room to another who has the obligation to search for chametz?
In response to this question, Rishonim and Achronim discuss who, the renter or the lesser, has the onus of the prohibition of בל יראה בל ימצא, that the search for the chametz will rectify. Some (see Rabbenu Dovid, Chidushi HaRan among others) write that on the Torah level, neither would transgress the prohibition. The renter is not beholden by the prohibition because the chometz is not his and the lesser also not obligated because the chametz is no longer in his domain. There is nevertheless an obligation to search for chametz. The only question is who is obligated. Others (Maharshal’s understanding of Rashi’s opinion) write that it is the lesser who is obligated as the chametz is his. The Magen Avraham (437) writes that the renter is obligated.
Pesachim 4b
דמדאורייתא בביטול בעלמא סגי ליה – On the Torah level it is enough to negate the chametz
Rishonim discuss the source that bittul, negation of the chametz, is enough to avoid the prohibition of owning chametz. Rashi writes that since the Torah uses the word תשביתו, destroy, and does not use the word תבערו, burn, it is apparent that one can fulfill the ‘destruction’ of chametz with mental negation of chametz. Tosfos however disagree and opine that תשביתו also refers to physical destruction of chametz. They explain that bittul works using the mechanics of hefker.
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